1 These terms and conditions
1.1 What these terms cover. These are the terms and conditions relating to our No Hassle Heating Plan only.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, what we will do under the plan, what is included and what is not included under the plan, what you must pay to us how you and we may change or end the plan, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. You are referred to Clause 9.3 in relation to the right to change your mind within a certain period of time and your obligations under clause 19.
1.3 References in these terms to:
Call out charge means £60 plus VAT if applicable;
Contents means the contents of your home including fixtures and fittings which are fixed, fixtures and fittings which are removable, your personal effects or the personal effects of anyone else which are in your home;
Contract means the contract between you and us and under which we will provide the plan to you;
Emergency means the escape of gas or the escape or seepage of water within your home which is causing or is likely to cause significant damage to your home and / or inconvenience to you;
Home means the building in which you permanently reside as stated overleaf.
Labour means our and our workmen’s or subcontractors’ work we provide as part of the services;
Parts have the meaning in clause 7.1.
Period of cover is defined and set out in clause 14.1;
Plan means our No Hassle Heating Plan, which provides either Platinum, Gold, Silver or Bronze cover depending which applies to the contract we and you have entered into;
Products means any products and appliances you already own that are covered under the plan;
Regulations means building regulations, manufactures instructions or Gas Safe/Relevant Gas Industry Regulator
Replacement products means any replacements of products that we provide under the contract;
Services means the services we undertake under the contract, including providing labour, parts and replacement products.
Unforeseen works has the meaning set out in Clause 5.5;
VAT means value added tax;
We, our and us means No Hassle Heating Limited, whose details can be found in clause 2.1;
You and your means the individual/s or business stated overleaf and who enter into the contract with us;
2. Information about us and how to contact us
2.1 Who we are. We are No Hassle Heating Limited a company registered in England and Wales. Our company registration number is 11464656 and our registered office is at 3 Victoria Street, Greetland, Halifax, HX4 8DF. Our trading address is HM 135, Holmfield Mills, Holdsworth Road, Holmfield, Halifax, HX3 6SN.
2.2 How to contact us. You can contact us by telephoning us on 0800 1670400 or by writing to us by email at firstname.lastname@example.org or by post at HM 135, Holmfield Mills, Holdsworth Road, Holmfield, Halifax, HX3 6SN
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 Words in bold are to highlight the paragraph in question and are not necessarily more important terms than the words that are not in bold.
3. Our contract with you
3.1 When we and you enter into the contract we will then provide you with the plan. The level of cover we provide to you under the plan will be that stated overleaf. The amount that you have to pay for the plan depends upon the level of cover. What is covered by each level of cover can be found in clause 4.
3.2 The contract will be entered into between you and us to provide the plan when you sign the order form.
3.3 Your plan number. We will assign a plan number and tell you what it is. It will help us if you can tell us the plan number whenever you contact us about your plan.
4. What the plan covers.
The level of cover which applies to your plan is confirmed overleaf. Please see below for what is covered in the Platinum, Gold, Silver and Bronze plans.
4.1 Platinum cover. This includes repair or replacement (where necessary – please see clause 6) of your central heating boiler if it is less than 15 years old (although please note that this will be subject to payment of an excess as set out in clause 6), gas fired home central heating boiler and controls, thermostats, circulating pumps, motorised valves, clocks, timers, programmers, primary flue, draught diverter, room thermostats, radiators, valves, feed and expansion tank, hot water tank pipes and their fittings, hot and cold water pipes, cold water tank, overflows, internal mains electric wiring, fuse board circuit breakers, electric sockets, electric switches, gas supply pipes inside your home, water supply pipes within your home from the internal stop tap onwards , blocked internal drains and waste pipes, leaking internal drains and waste pipes, leaking taps (subject to the exception in clause 5.4), “running” toilets (subject to the exception in clause 5.4), unlimited call outs (although please note clause 11.1(f)), parts, an annual boiler check (see clause 4.5 below), and in relation to these the necessary labour required to repair or replace the same to working order. Please also note what is specifically excluded under clause 5.1 and additional charges under clause 5.2 below.
4.2 Gold cover. This includes repair of your central heating boiler, gas fired home central heating boiler components and controls, thermostats, circulating pumps, motorised valves, clocks, timers, programmers, primary flue, draught diverter, room thermostats, radiators, valves, feed and expansion tank, hot water tank pipes and their fittings, hot and cold water pipes, cold water tank, overflows, internal mains electric wiring, gas supply pipes inside your home, water supply pipes within your home from the internal stop tap onwards , fuse board circuit breakers, electric sockets, electric switches, blocked internal drains and waste pipes, leaking internal drains and waste pipes, leaking taps (subject to the exception in clause 5.4), “running toilets” (subject to the exception on clause 5.4) unlimited call outs (although please note clause 11.1(f)), parts, an annual boiler check (see clause 4.5 below) and in relation to these the necessary labour required to repair or replace the same to working order. Please also note what is specifically excluded under clause 5.1 and additional charges under clause 5.2 below.
4.3 Silver cover. This includes repair or replacement of thermostats, circulating pumps, motorised valves, clocks, timers, programmers, primary flue, draught diverter, room thermostats, radiators, valves, feed and expansion tank, hot water tank pipes and their fittings, hot and cold water pipes, cold water tank, overflows, internal mains electric wiring, gas supply pipes inside your home, water supply pipes within your home from the internal stop tap onwards, fuse board circuit breakers, electric sockets, electric switches, blocked internal drains and waste pipes, leaking internal drains and waste pipes, unlimited call outs (although please note clause 11.1(f)), parts, an annual boiler check (see clause 4.5 below) and in relation to these the necessary labour required to repair or replace the same to working order. Please also note what is specifically excluded under clauses 5.1 and 5.3 below and additional charges under clause 5.2 below.
4.4 Bronze cover. This includes our labour only for work we decide is reasonably necessary to be undertaken to gas fired home central heating boiler and controls, thermostats, circulating pumps, motorised valves, clocks, timers, programmers, primary flue, draught diverter, room thermostats, radiators, valves, feed and expansion tank, hot water tank pipes and their fittings, hot and cold water pipes, cold water tank, overflows, gas supply pipes inside your home, water supply pipes within your home from the internal stop tap onwards, blocked internal drains and waste pipes, leaking internal drains and waste pipes, unlimited call outs (although please note clause 11.1(f)), and an annual boiler check (see clause 4.5 below). Please also note what is specifically excluded under clause 5.1 and 5.3 below and additional charges under clause 5.2 below.
4.5 Annual boiler service. In all of our plans, we will carry out one service of your boiler in your home during the period of cover. This will be carried out on a date and at a time agreed between you and us. You must contact us to arrange to carry out the service (please see clause 8.3 as to how to do so). The boiler service will include an inspection and safety operating check, that the flue and ventilation is in accordance with the regulations, a technical service in accordance with industry standards, flue gas analysis efficiency and calibration test, check and any necessary adjustment of system pressure, cleaning of condensate trap and magnetic filter cartridges, visual check and any necessary bleeding of radiators and hot water tank. Please note that any burner gaskets or seal replacement is not covered and will be charged for.
4.6 We may change what is covered under your plan at any time. If we do this, we will notify you in writing. You may then chose to cancel the contract by writing to us and the cancellation will take effect immediately. If you have paid the price in full when you entered into the contract then we will refund to you an amount which is proportionate to the length of time which is left of the period of cover. If you are paying in instalments (see clause 13.5) then you do not need to pay us any monthly instalments which remain due for the remaining period of cover (Although you must still pay us any instalments that are outstanding and which you have not already paid). In both cases, please see clause 10.6 as to when you will receive the refund of your money. Please note that in these cases this will not affect your statutory rights but we will not be liable for any additional losses unless these relate to services, replacement products or parts that we have provided to you before you cancelled the contract.
5. What is excluded from our plans.
5.1 None of our plans;
(i) provide cover for replacement products, parts and / or labour in excess of £300 for the first six months from the date that we and you enter into the contract (not including any renewal under clause 14.1), and ;
(ii) cover any pre-existing faults; intermittent faults; system design faults; inaccessible components (those that it is not reasonably possible for us to access); faults caused by sludge or rust in your boiler and / or central heating system; scaling and / or blockages; indirect mains pressure; hot water thermal storage systems; underfloor heating; any fault or damage caused by the failure of gas, water supply, electricity supply or your negligence or deliberate damage (or as caused by a third party); frozen pipes; shared drains; any damage to your home, or to your contents; whether any fault or failure of any system, appliance, product, pipework, conduit, component is due to damage caused either deliberately or negligently by you or anyone else; where a repair has been attempted by you or anyone else; where you have failed to follow or adhere to the manufacturer’s instructions; misuse, or you have failed to store or look after the same or have subjected them to abnormal usage; and;
(iii) any parts that are classed as obsolete by our main suppliers.
5.2 In all our plans you must pay extra for work relating to blocked internal drains or waste pipes. You must pay £50.00 towards any work relating to blocked or leaking internal drains and waste pipes.
5.3 Silver and Bronze cover exceptions.
(i) Silver cover does not include leaking taps or “running toilets” as well as those exclusions under clause 5.1.
(ii) Bronze cover does not include any new or replacements materials, products, or parts, any labour to leaking taps, “running” toilets, electric switches, electric sockets, internal mains electric wiring, fuse board circuit breakers, as well as those exclusions under clause 5.1.
5.4 Exceptions to “running” toilets and leaking taps.
(i) If the cover under your Plan includes “running” toilets, we will repair the fault to stop the toilet from running by replacing ball cocks, syphons and valves although if this means that the whole toilet or the toilet cistern requires complete replacement due to its condition or inability to access the same then the labour required as well as any replacement toilet or cistern are not included;
(ii) We will replace washers to stop a leaking tap but if a non-ceramic washer is required to do so then this will incur an additional charge of £50.
5.5 If we encounter additional work parts or products are required. On occasion, we may find once we have begun to carry out the services that additional work is required, or additional replacement products or parts are required, that are not covered by your plan. We refer to this as unforeseen work. If this should be the case, then we will inform you and tell you what additional work, appliances, accessories or parts are required and the costs are involved. We will not be obliged to undertake work to any of your existing appliances or apparatus that is not covered by your plan although if you want to instruct us to carry out that additional work then we will require your confirmation in writing before we can do so and to confirm that you want us to carry out the work straight away. Please also see clause 11.2 below.
6. Boiler replacement.
6.1 If it is necessary, we will repair or replace your boiler where your plan is Platinum Cover. However, please note that we will determine whether your boiler needs to be replaced because it is beyond economic repair using parts or can be safely and satisfactorily repaired using parts. If, after undertaking a repair using parts, it is necessary to replace those parts again in any 12 month period to make the boiler function to a satisfactory standard and in line with regulations, then we shall replace the parts again or, if the boiler is beyond economic repair using parts, we will replace your boiler. In each instance when replacing your boiler, the clauses 6.2 to 6.5 inclusive will apply.
6.2 What you must contribute if your boiler is to be replaced.
(i) if your boiler is between 7 and 12 years old we will contribute £800 towards the replacement boiler and you will have to pay the balance (including VAT);
(ii) if your boiler is between 12 and 15 years old, we will contribute £400 towards the replacement boiler and you will have to pay the balance (including VAT);
(iii) if your boiler is less than 7 years old, we will provide a new boiler up to a maximum cost of £1500 (excluding VAT). We may agree to provide a boiler that costs in excess of £1500 (excluding VAT) but you will have to pay the difference (including VAT);
(iv) the plan cover does not apply to any defect in or failure of your boiler which occurs within the first six months of the date we and you enter into the plan (but excluding any renewal under clause 14.1).
6.3 You must pay the difference in the cost of the replacement boiler in advance upon presentation of an invoice from us.
6.4 Specification for a replacement boiler. Any boiler that is provided by us under the plan will;
(i) be the same type of boiler – combination, system, open vent;
(ii) be a 24kw combination boiler or 12kw system boiler (as appropriate);
(iii) be made by a manufacturer of our choice.
6.5 Any upgrade or additional work due to any upgrade or specification you require is chargeable. You must pay us for any boiler you require of a higher input, greater capacity than 24kw or 12kw system boiler, and for any parts and labour to undertake a gas upgrade required, flue extension required, flue reposition required, boiler re-position required, condensate upgrade required, system upgrade required (including thermostatic radiator valves in order to make the same comply with current building regulations and / or manufacturer’s instructions, nor programmable thermostats).
7.1 Parts are parts and components of products and replacement products.
7.2 When undertaking the services, if any product (or replacement product) should be faulty, have failed, or otherwise not be adequately performing as it should, we may provide parts to rectify the problem. We will not necessarily replace the product with a replacement product unless we determine that a replacement product is required.
7.3 When replacing parts, we may use parts which are either new or reconditioned as appropriate provided the parts we use are in full working order and make the product or the replacement product that we are repairing work to a satisfactory standard. The parts we supply will be of the same or superior specification.
8. If you require us to provide the services – how to claim under the plan.
Please note that any gas leaks must be reported to the National Gas Emergency Service on 0800 111 999.
8.1 All of our plans provide emergency call out cover 24 hours a day seven days a week. Emergency call outs will only be carried out where there is an emergency. Our obligations will be limited at the time of emergency call out to taking such immediate steps as are necessary to stop or limit the extent of the emergency as far as we are reasonably able to do, taking into account the extent of the emergency, the effect upon you and / or your home, the labour required, the parts or replacement products required and their availability given the time of day we attend. Thereafter, any additional labour required will be carried out under the provisions of clauses 8.4 to 8.7.
8.2 If we are called to an emergency call out and there is no emergency identified, or if the services required or the products are not covered by your plan, then we may charge you the call out charge and for any time spent attending at your home at the rate of £35 an hour plus VAT if applicable.
8.3 If it is not an emergency, and you believe that any product (or replacement product) is not working, or you have a fault in your home, then you should contact us on 0800 1670400 or by email to email@example.com. Please note that certain times of the week are busier than others, especially during the winter months, so please bear with us and we will attend to your call or email as soon as we can.
8.4 Once you have contacted us, we will need to arrange a time to inspect your home and ascertain what labour is required. We will arrange a time to do this as soon as reasonably possible which is dependent upon the nature and effect of the problem you are experiencing.
8.5 When we will carry out the services. We will undertake any labour required under the plan as soon as reasonably possible and on a date agreed with you after you have reported a claim to us and we have carried out the inspection. The estimated completion date for the labour will be advised to you once we have carried out an inspection.
8.6 If we establish that any fault or the reason why a product or replacement product is not working is not covered by your plan then we will inform you. We will only carry out work to products or replacement products that are covered by your plan. If you want us to carry out work outside your plan we may agree with you to do so but that will be subject to a separate agreement between us and you and subject to our standard terms and conditions.
8.7 We are not responsible for delays outside our control. If our supply of services (including an emergency call out) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the sum due to us for the balance of the period of cover until the expiry date on a pro-rata basis. You will have to pay for any work or replacement products or parts supplied outside the cover of the plan.
8.8 If you do not allow us access to inspect or provide services. If you do not allow us access to your home to either carry out an inspection or to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 11 will apply.
8.9 Your legal rights if we do not perform services on the date/s we agree with you. There may be reasons why we cannot attend on an agreed date and / or time and you should reasonably allow us an opportunity to attend at another date and / or time but you do have legal rights if we do not perform services on the date/s agreed. Please see clause 12.
8.10 When you become responsible for replacement products and parts. Any replacement product or parts will be your responsibility from the time we deliver the replacement products or part to you.
8.11 When you own replacement products and parts. You own any replacement product or any parts only once we have received payment of the price in full.
8.12 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 11 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying replacement products or the services late or not supplying any part if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.13 Reasons we may suspend the supply of replacement products, parts or services to you. We may have to suspend the supply of a replacement product, part or services in order to:
(a) deal with technical problems or make minor technical changes;
(b) update a product to reflect changes in relevant laws and regulatory requirements;
(c) source any replacement parts. We will endeavour to do this as soon as we can, which will be dependent upon the make and model of the product, and delays may occur. We will not be liable for any delay outside our control nor will you be entitled to end the contract under clause 9.2 unless the delay is excessive and we have not taken all reasonable steps to obtain the replacement parts.
8.14 We may suspend or not undertake services where;
(a) to undertake the services would involve a risk to health and safety;
(b) we should locate hazardous or dangerous materials (such as asbestos);
(c) any of our employees or contractors are subject to any abuse, threats or violence.
8.15 We may also suspend supply of a replacement product, part or services if you do not pay. If you do not pay us when you are supposed to (see Clause 13) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of any replacement products, parts or services until you have paid us the outstanding amounts. We can also charge you interest on your overdue payments (see Clause 13.8).
9. Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on how we are performing the services and when you decide to end the contract:
(a) If the services are not performed properly you may have a legal right to end the contract or a service re-performed or to get some or all of your money back, see Clause 12;
(b) If you have just changed your mind, see Clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions for replacement products and parts we have already supplied and / or services that we have already provided and you will have to pay the costs of return of any replacement products;
(c)In all other cases (if we are not at fault and there is no right to change your mind), see Clause 9.7.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) or (b) below the contract will end immediately and we will refund you for the sum due to us for the balance of the period of cover until the expiry date on a pro-rata basis. You may also be entitled to compensation. The reasons are:
(a) there is a risk that supply of the replacement products, parts or services may be significantly delayed because of events outside our control (although please see clause 8.13 (c)); or
(b) you have a legal right to end the contract because of something we have done wrong (including because we have delivered replacement products and / or services late (see Clause 12).
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you entered into the contract off-premises (that is, away from our premises) you have a legal right to change your mind within 14 days and receive a refund of any money that you have paid to us. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 9.4 to 9.6.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) services that we have already provided to you even if the 14 day cancellation period is still running;
(b) any replacement products or parts which we have provided to you (which will usually be part of the services we have undertaken for you) which have become mixed with other items.
9.5 Where we provide services on an emergency call out or because you ask us to do so before the end of the 14 day cancellation period. We may begin the services for you straight away or at any time before the end of the 14 day cancellation period but we will only do so if you specifically confirm this in writing.
9.6 How long do you have to change your mind? You have 14 days after the day we write to you to confirm acceptance of the contract. If you cancel after we have provided any of the services, you must pay us for the services provided up until the time you tell us that you have changed your mind as well as for any replacement products or parts that we have provided as part of the services and those replacement products or parts have been incorporated into your home or mixed with any other product.
9.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 9.1), you can still end the contract but you will have to pay us compensation which will be the full amount due for the plan until the end of the period of cover.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call 0800 1670400 or email us at firstname.lastname@example.org. Please provide your name, home address, plan number and, where available, your phone number and email address.
(b) By post. Fill in the form attached which is also available online to print off at www.nohassleheating.com and post it to us at HM 135, Holmfield Mills, Holdsworth Road, Holmfield, Halifax, HX3 6SN . Or write to us at that address, including details of your plan number, your name and address.
10.2 Returning replacement products after ending the contract. If you end the contract as a result of your right to cancel under clause 9.3, you must return any replacement products or parts to us unless those replacement products or parts have been incorporated into your home or mixed with any other product. You must either return these in person to our premises which would require an pre arrangement meeting via calling 0800 1670400 or email email@example.com or allow us to collect them from you. You must send off the replacement products or parts within 14 days of telling us you wish to end the contract and you are responsible for the costs of return.
10.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the replacement products or parts from you, we will charge you the direct cost to us of collection.
10.4 How we will refund you. If you are exercising your right to cancel under clause 9.3, we will refund you any money that you have paid, however we may make deductions from the money we repay as described in clause 10.5.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a)We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the replacement products or parts, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the replacement products or parts and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b)The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c)Where we have carried out services, we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the replacement products or parts, your refund will be made within 14 days from the day on which we receive the replacement products or parts back from you or, if earlier, the day on which you provide us with evidence that you have sent the replacement products or parts back to us. For information about how to return these to us, see clause 10.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide any replacement products, and / or parts, and / or services;
(c) you do not, within a reasonable time, agree a date and / or time to allow us access to your home to provide the services or, on more than one occasion, when we have arranged a date and / or time to visit your home you are not available to allow us access or refuse to allow us access (or have not arranged for someone else to allow us access or someone else refuses us access);
(d) you or anyone who is present in your home subjects any of our staff or workers to violence, physical abuse, or threats;
(e) you or someone acting with your authority repeatedly request us to attend at your home when either there is no fault that can be identified and / or the fault is obviously not covered under your contract and / or it is not an emergency when you have informed us that it is an emergency (please see clause 11.4); or
(f) health and safety issues arise (which are not caused by us) and which would make it unsafe to carry out any or all of the services.
11.2 If we find unforeseen work and you do not ask us to carry out the unforeseen work. If this should mean that we cannot as a result complete any part of the services fully, we may either end the contract or only carry out such part of the services up to the point where we are prevented from completing the services because the unforeseen work needs to be done first. You must still pay for our labour, replacement products and parts that we provide to you.
11.3 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 11.1 (a) to (e) inclusive, you must still pay us the amount due and outstanding up and until the expiry of the period of cover.
11.4 Repeated and unnecessary call outs. Before we end the contract under the situation set out in Clause 11.1 (e) we will provide you with a written warning that any if you continue to act in this way we will end the contract under this provision.
12. If there is a problem
12.1 How to tell us about problems. If you have any questions or complaints about a replacement product, parts or services we have provided, please contact us. You can telephone us on 0800 1670400 or write to us at HM 135, Holmfield Mills, Holdsworth Road, Holmfield, Halifax, HX3 6SN .
12.2 Summary of your legal rights. Nothing in these terms will affect your legal rights.
(a) Under the Consumer Rights Act 2015, any replacement products or parts we provide to you must be as described, fit for purpose and of satisfactory quality
(b) We are under a legal duty to undertake the services with reasonable care and skill. The Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it, and if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
This is a summary of your key legal rights and subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.3 Your obligation to return rejected replacement products or parts. If you wish to exercise your legal rights to reject replacement products or parts you must either return them to us or allow us to collect them from you. We will pay the costs of collection.
13. Price and payment
13.1 Where to find the price. The price of the contract depends upon the type of plan you have contracted with us to provide to you. This is set out and confirmed overleaf.
13.2 You may either pay the full amount of the price at the time of entering into the contract, or we may accept payment in instalments as detailed in clause 13.5.
13.3 The price is subject to VAT at the applicable rate. If you are paying the price in instalments and the rate of VAT should change during the term, then the applicable rate of VAT will apply at the time that the instalment is paid.
13.4 How you should pay. We accept payment with all types of card payments – some charges may apply, by standing order , in cash or by cheque payable to No Hassle Heating Limited.
13.5 When you must pay. If you are not paying the full amount of the price, then you must pay 12 equal instalments of the price during the period of cover. The first instalment is due and must be paid at the time we and you enter into the contract, followed by 11 further instalments on the same date each subsequent month.
13.6 We will provide you with an invoice for the price at the time of within 7 days of the date of entering into the contract.
13.7 If you decide to renew the contract (please see clause 14). If you decide to renew the contract at the end of the period of cover, then a new period of cover will commence for 12 months from the date of the expiry of the previous period of cover. Upon renewal, you must either pay us in full the price or we will accept payments in the method stated in clause 13.5.
13.8 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. Period of cover.
14.1 The period of cover is the length of time that the contract will run for. The period of cover runs for 12 months from the date we enter into the contract with you. Unless terminated for any reason set out in these terms and conditions, the contract will be renewed at the end of each 12 month period as set out below, and each time it is renewed then a new period of cover for 12 months will apply. References to period of cover apply to the initial period of cover from the date that we and you enter into the contract and to all subsequent contract renewals of the period of cover.
14.2 Each time the contract is renewed, a new contract will be entered into between you and us. These terms and conditions will apply to each renewed contract.
14.3 At least 28 days before the end of the period of cover, we will write to you to remind you that the period of cover is due to expire and when it is due to expire. We will advise you what the new price will be for the next period of cover.
14.4 If you want the contract to renew, then you do not need to inform us or do anything other than make payment for the next period of cover (see clause 13).
14.5 If you want to renew the contract but to change the level of cover, please contact us at least 14 days before the period of cover expires. You can contact us at firstname.lastname@example.org or 0800 1670400. We will then be able to confirm whether we can agree a change in the level of cover and what the new price will be. If we agree, you must sign a new contract with us confirming your and our agreement to the new level of cover.
14.6 If you do not want to renew, then you must inform us in writing either by writing to us at email@example.com or HM 135, Holmfield Mills, Holdsworth Road, Holmfield, Halifax, HX3 6SN. If you do not renew, the contract will end at the expiry of the period of cover.
14.7 We reserve the right not to renew the contract. We have no obligation to agree to a renewal. If we are not prepared to renew the contract, we will write to you before the expiry of the period of cover to inform you and the contract will end at the expiry of the period of cover.
15. Our warranty to you
15.1 You will be given the manufacturer’s warranty on any replacement products which we supply to you under the contract.
15.2 In addition to the warranty in Clause 15.1, we guarantee the workmanship under any services we carry out for a period of 12 months from the date of completion of the services, but this is subject to the exclusions in clause 15.3. If you have any problem within this period, please contact us on 0800 1670400 or email us at firstname.lastname@example.org.
15.3 Our warranty does not apply if the replacement products or any parts supplied by us when performing the services:
(a) have been damaged either deliberately or negligently by you or anyone else;
(b) have been repaired or a repair has been attempted by you or anyone else;
(c) you have failed to follow or adhere to the manufacturer’s instructions;
(d) you or anyone else have misused the replacement products or parts;
(e) you have failed to store or look after the replacement products or have subjected them to abnormal usage; and / or
(f) you have failed to adhere to all or any advice given by us to you about any necessary work required.
16. Our responsibility for loss or damage suffered by you
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
16.3 What we will not be responsible for.
(a) Whilst we will use our best endeavours to match any existing brick work, pointing or rendering when carrying out services, we are not responsible if our work does not match like for like;
(b) Whilst we will do our best to limit any damage, we are not responsible for damage caused by getting access to or drilling through existing tiles, brickwork, worktops, plasterwork or any of the fabric of your home;
(c) When supplying or fitting any replacement product, we are not responsible if the same causes unforeseen pressure on your existing system resulting in leaks or damage;
(d)We are not responsible for any product of yours which has not been serviced or maintained by you in accordance with statutory regulations, British Standards, and / or the manufacturer’s instructions;
(e) We are not liable for any existing defect in your home or in your central heating or water system.
16.4 When we are liable for damage to your home. When providing the services in your home, we will make good any damage to your home caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your home that we discover while providing the services. It is your responsibility to ensure that floor coverings are removed in areas in which we are to undertake the services and we are not responsible for any damage caused if you fail to do so.
16.5 We are not liable for business losses. If you use the replacement products or parts for any commercial, business or re-sale purpose we will have no liability to you for any consequential losses, including, but not limited to, loss of profit, loss of business, business interruption, or loss of business opportunity.
16.6 If you are a business:
(i) We have no liability to you for any consequential losses, including, but not limited to, loss of profit, loss of business, business interruption, or loss of business opportunity;
(ii) Without prejudice to the exclusion in clause 16.5(i), our total liability to you is limited to the price of the plan for the period of cover.
17. How we may use your personal information
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the services to you; and
(b ) to process your payment for the plan.
17.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
18. Other important terms
18.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing any part of these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
18.6 Which laws apply to the contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
18.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Federation of Small Businesses via their email at email@example.com. The Federation of Small Businesses will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
19. Your obligations to us
19.1 You must;
(i) treat us, our employees and contractors with respect;
(ii) not abuse the unlimited call outs and only request a call out if there is a fault or problem with your heating or otherwise covered under the plan cover;
(iii) not call us out to attend to an emergency if there isn’t an emergency;
(iv) use your reasonable endeavours to allow us access to your home when we have agreed a date or time to do so with you;
(v) pay us the price on time or any other payment due to us when requested and required to do so;
(vi) not knowingly allow or expose our employees and contractors to any health and safety risk;
(vii) reasonably cooperate with us and our employees and contractors to enable us to fulfil the contract with you; and
(viii) not subject us, our employees or contractors to any verbal abuse, physical abuse or threats (or allow anyone else who is in your home to do so).